Code Panel May Get Set Of New Rules

DELAND — The county council will decide Thursday whether to take advantage of new state guidelines and allow the code enforcement board to avoid hearing a case twice before imposing fines.

Until several months ago when the Florida Legislature changed the guidelines, the board would have to hold one hearing to determine whether a county zoning regulation or other minor ordinance is being violated and then have another hearing to decide whether to impose a fine.

If the council agrees to come under the guidelines, the seven board members, who are appointed by the county council, would be able to impose the fine at the same hearing. The board has the power to fine a violator $250 a day for each day an offense occurs and to place liens against the violator's property to ensure that the fine is paid.

That power has seldom been used during its four-year history, said Sally Sprague, board clerk. She said there were three fines levied during the board's first three years.

Another fine was imposed this year and several other cases that may result in fines are pending, said Doug Weaver, assistant county attorney who advises the board. The board never has levied the maximum fine.

Weaver said that if the council agrees to come under the new guidelines, the board still might hold two hearings. But it would have the option to set a deadline for complying with a regulation and, at the same time, tell the violator to pay a fine if the deadline is not met, he said.

''It would tend to speed up the enforcement process in certain cases,'' Weaver said.

Some council members have complained that the board has moved too slowly against violators. But members of the board and the council say they want the group to get violators to comply with local ordinances rather than dish out punishment for offenses.

They say a violator usually will comply with an ordinance either before or immediately after being brought before the board.

Similar boards operate in counties and cities throughout the state, including several municipalities within Volusia County. Most officials in the county say the groups allow them to end such problems as zoning violations without having to go through the court system.